Automobile Accident - $450,000.00

Martha Jane Byars and Frederick S. Byarsvs.Todd Phillips Nash

Walton County Superior Court Civil Action File No. 01CV1672-2

Liability Facts: 56 year old female Plaintiff was passenger in a vehicle stopped at a red traffic light when struck from the rear by Defendant's vehicle. Defendant admitted negligence. Property damage to both vehicles was moderate. Plaintiff did not complain of any injury at the accident scene and first sought treatment from her family doctor 5 days later with an initial diagnosis of cervical strain. Plaintiff had an extensive history of prior neck and back treatment including anterior cervical fusion at C5-6 with degenerative changes throughout her spine. Following conservative physical therapy, an MRI was performed 5 months post-collision that revealed Plaintiff to be suffering from a herniated disc at C6-7 with some flattening of the spinal cord, as well as a small tear in her right rotator cuff. Plaintiff subsequently underwent a cervical laminectomy, foraminotomy, and finally a discectomy with a bone graft fusion at C6-7. She also underwent arthroscopic repair of the right rotator cuff. Defendant retained the services of an expert radiologist who opined upon review of Plaintiff's x-rays and MRI's that she had not suffered any acute injury from the collision, or even an aggravation of her pre-existing degenerative condition, and there existed no evidence of any relationship between her complaints and the motor vehicle collision.

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